Any use which is or may be lawfully established in a particular district or districts, provided it conforms with all requirements, regulations, and when applicable, performance standards of this Chapter for the district in which the use is located. The purpose for which land or a building thereon is designed, arranged, or intended, or for which it is occupied or maintained, let, or leased.
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(R.1-3, Section 159.01.) The Zoning Code classifies “churches” under various levels of “use” in each 2 District, either as a Special Use, a Conditional Use, or a Prohibited Use. The Zoning Code’s Various Uses The Romeoville Codified Code of Ordinances, Title XV, Land Usage, Chapter 159, contains a chapter referred to as the “Romeoville Zoning Code” (“Zoning Code”). (Id., at 1.) Section 2 of the Lease is entitled “Premises” and states “Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, the Premises, for the term, at the rental, and upon all of the terms, covenants and conditions set forth in this Lease.” (Id., at 2, § 2.1, Letting.) The Lease further notes in bold under the “Compliance” subsection that “Lessee is responsible for determining whether or not the Applicable Requirements, and especially the zoning are appropriate for Lessee’s intended use, and acknowledges that past uses of the Premises may no longer be allowed.” (Id., at 2, § 2.3, Compliance.) II. (Id., at 1 id., Addendum.) The Lease states that the “Agreed Use” is for “Church office and Church/Sunday School services”. (R.1-1, at 1.) The base rent for the Lease is $2,500 per month for the first two years with an increase per month thereafter, culminating in a monthly rent of $3,461.88 for the last year of the Lease.
is titled as a “Standard Industrial/Commercial Multi-Tenant Lease-Gross” (the “Lease”) and indicates the seven-year term of the Lease commenced on Jand ends on June 30, 2019. (R.6, at 2 R.1, ¶ 4 R.1-1, Lease.) The main use of TFM’s property is for worship services that take place on Sunday, when surrounding businesses are closed. Romeoville Corporation pursuant to a written, seven-year lease executed on April 25, 2012. (See R.1, Compl., ¶¶ 4, 5, 8, 9.) TFM rents the Sherman Property from W.B. (R.11.) M-R (Light Manufacturing Research Park) District of the Village. The Court held a hearing on Septemand denied TFM’s motion for a temporary restraining order. (R.6.) The Village filed a response in opposition to TFM’s motion on September 13, 2015. The Sherman Property & Lease TFM is a small church-typically having between 40 and 60 attendees-that conducts worship services on Sunday in a property located at 1413 Sherman Road, Units 10-20, in the 1 TFM originally filed its motion as one for a temporary restraining order and preliminary injunction against the Village on September 11, 2015. For the reasons discussed below, the Court denies TFM’s motion. The Court held an evidentiary hearing on Decemto determine whether TFM is entitled to a preliminary injunction.
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§ 2000cc, et seq., which enforces the Free Exercise Clause of the First Amendment of the Constitution, are threatened with imminent, irreparable harm.
EVE, District Court Judge: Before the Court is Plaintiff Truth Foundation Ministries, NFP’s (“TFM’s”) motion for a preliminary injunction against Defendant Village of Romeoville (the “Village”) brought pursuant to Federal Rule of Civil Procedure 65(a).1 Plaintiff TFM alleges that its rights under the Religious Land Use and Institutionalized Persons Act (“RLUIPA”), 42 U.S.C. 15 C 7839 MEMORANDUM OPINION AND ORDER AMY J.
) ) VILLAGE OF ROMEOVILLE, ) ) Defendant. 30 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION TRUTH FOUNDATION MINISTRIES, NFP, ) ) Plaintiff, ) ) v.
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